Browsing: dismissal disputes

The Labour Court has clarified when the 90 day deadline for referring a CCMA dispute to the Labour Court begins, warning that late referrals may leave the court without jurisdiction to hear the case.

A bank cannot discipline or dismiss an employee for misconduct linked to an expired contract. Using Kleinsmith’s case, the Labour Court of South Africa clarifies that rehiring creates a new employment relationship and wipes out an employer’s old disciplinary power.

The Labour Court has set aside a municipal dismissal after finding that an arbitrator wrongly treated disputed facts as common cause and failed to hear evidence on inconsistent discipline.